Bible note changed writer’s will, Tennessee appeals court rules
ABA Journal
OCTOBER 28, 2021
A state appeals court has ruled that a handwritten instruction in a Bible that included only the first name of the writer was a valid…
Tennessee GTLA removes immunity for ordinary negligence only.
Day on Torts
MARCH 4, 2023
In a unanimous decision, the Tennessee Supreme Court has held that the Governmental Tort Liability Act (GTLA) “removes immunity only for ordinary negligence,” not for gross negligence or recklessness. Hawkins County, Tennessee , No. The Court of Appeals reversed dismissal. In Lawson v. E2020-01529-SC-R11-CV (Tenn.
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February 1, 2022 Court Rules Update
American Legal Net
FEBRUARY 2, 2022
New Court Rule Sets Available : Tennessee Court of Appeals ( TNCOA ). Courts Removed. New York Supreme Court, 1st JD, New York County, Hon. New York Supreme Court, 1 st JD, New York County, Hon. The post February 1, 2022 Court Rules Update appeared first on American LegalNet.
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“Supreme Court Rules Against Mississippi in Water-Rights Case; State had argued that the city of Memphis, Tenn., was pumping too much from an underground aquifer that extended under its territory”
HowAppealing
NOVEMBER 23, 2021
“Supreme Court Rules Against Mississippi in Water-Rights Case; State had argued that the city of Memphis, Tenn., And John Fritze of USA Today reports that “ Supreme Court backs Tennessee in water rights dispute with Mississippi.” delivered the opinion for a unanimous Court in Mississippi v.
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Confederate Memorabilia Wins a Black Man a New Trial in Tennessee
The Crime Report
DECEMBER 6, 2021
A Tennessee appeals court has unanimously ruled Tim Gilbert, a Black man convicted of aggravated assault and other charges by an all-white jury should get a new trial, saying that prosecutors failed to rebut a claim made by defense lawyers that the room where the jury deliberated was prejudicial to the man, reports the New York Times.
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Federal judge declares Tennessee’s anti-drag bill unconstitutional
JURIST
JUNE 3, 2023
Judge Thomas Parker, a judge for the United States District Court for the Western District of Tennessee, Friday ruled that Tennessee’s Adult Entertainment Act (AEA) is unconstitutional. In his opinion, Parker ruled that the AEA violates First Amendment rights. Parker previously enjoined the AEA in April.
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Appeal under Tennessee Public Protection Act ruled untimely.
Day on Torts
OCTOBER 31, 2022
When appealing a trial court’s order dismissing or refusing to dismiss a case under the Tennessee Public Protection Act (TPPA), the appeal “must be filed within thirty days of the entry of that order.”. This is an important case, as it provides further interpretation of the TPPA, a relatively new statute in Tennessee.
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$1.5M Verdict Affirmed in Tennessee Car Wreck Case.
Day on Torts
FEBRUARY 24, 2022
Regarding the permanence of plaintiff’s injury, the Court found that plaintiffs’ experts had testified to some permanence for both his leg and back and his cognitive injuries, and that the medical testimony was “corroborated by [plaintiffs’] respective testimony that [plaintiff’s] physical and cognitive symptoms have not improved since the accident.”
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How To Determine What Cases Are Pending Before the Tennessee Supreme Court
Day on Torts
JANUARY 15, 2022
The Tennessee Supreme Court reviews very few cases in a given year. In the year ending June 30, 2020 (the last period for which information is publicly available) the High Court was asked to accept review in 569 cases. There is no cost to access this resource that is designed to keep you on top of changes in Tennessee tort law.
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Dismissal of Defamation and False Light Claim under Tennessee Public Participation Act partially reversed.
Day on Torts
OCTOBER 3, 2022
Where plaintiff real estate professional brought an action for defamation and false light based on an online review written by defendant, defendant moved to dismiss the action pursuant to the Tennessee Public Participation Act (TPPA). In Charles v. McQueen , No. M2021-00878-COA-R3-CV, 2022 WL 4490980 (Tenn. citing Tenn. Code Ann. §
Physician employed by state university had absolute immunity under Tennessee Claims Commission Act.
Day on Torts
OCTOBER 24, 2022
Where defendant physician was employed by a state university and received no personal gain from the clinical services she rendered at a hospital, and plaintiff had brought an HCLA action based on these hospital clinical services, summary judgment pursuant to defendant’s absolute immunity under the Tennessee Claims Commission Act was affirmed.
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US Supreme Court rules reckless offenses do not qualify as ‘violent felony’
JURIST
JUNE 12, 2021
One of the three violent felonies the government alleged as a predicate to the ACCA charge was for reckless aggravated assault under Tennessee law. ” The post US Supreme Court rules reckless offenses do not qualify as ‘violent felony’ appeared first on JURIST - News - Legal News & Commentary.
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Employment Authority: Title VII Ruling Unanswered Questions
Law 360
APRIL 19, 2024
Supreme Court's ruling that Title VII prohibits discriminatory job transfers left, how lower courts could decide how much transportation work can exempt workers from federal arbitration and a look at a workers' bid to unionize at a Volkswagen facility in Chattanooga, Tennessee.
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Tennessee Court of Appeals: HCLA plaintiff should have been allowed to substitute expert.
Day on Torts
AUGUST 22, 2022
Where an HCLA plaintiff’s expert refused to testify due to no fault of plaintiff or plaintiff’s counsel, the Tennessee Court of Appeals ruled that the trial court should have allowed plaintiff to secure a substitute expert. In Blackburn v. McLean , No. M2021-00417-COA-R3-CV, 2022 WL 3225397 (Tenn.
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US appeals court rejects request to revive 48-hour waiting period before abortion
JURIST
FEBRUARY 21, 2021
In a 2-1 decision on Friday, the US Sixth Circuit Court of Appeals rejected a request to revive a Tennessee law requiring a 48-hour waiting period before abortions while the court hears an appeal of the district court’s decision that ruled the law unconstitutional.
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Florida Supreme Court upholds 6 week abortion ban and abortion referendum for November ballot
JURIST
APRIL 1, 2024
The Florida Supreme Court ruled on Monday that the state constitution does not protect the right to abortion. The ruling in Planned Parenthood of Southwest and Central Florida vs. State of Florida allows the current 15-week abortion ban to be upheld and triggers the Heartbeat Protection Act to take effect. Wade in 2022.
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US Supreme Court to hear case surrounding firing of Starbucks employees attempting to unionize
JURIST
JANUARY 13, 2024
The NLRB then filed a petition in the US District Court Western District of Tennessee requesting injunctive relief on behalf of the employees under Sections 7 and 8 of the National Labor Relations Act (NLRA). The court found in favor of the NLRB issuing a preliminary injunction, ordering Starbucks to rehire the employees.
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Denial of Tennessee uninsured motorist coverage affirmed.
Day on Torts
JULY 23, 2021
After a motion by the insurance company, the trial court bifurcated the trial, hearing evidence concerning only the coverage issue first and then addressing liability if needed. Based on the evidence, the trial court ruled that the accident was not covered, and the Court of Appeals affirmed.
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Lack of Evidence on Value of Property Damage Dooms Tennessee Case
Day on Torts
JULY 13, 2021
Plaintiff argued that the trial court erred by excluding two affidavits from the recipient of the damaged package, as well as photographs of the damaged receiver. Without ruling on the admissibility of the excluded evidence, the Court ruled that dismissal was appropriate here. The Court explained: Continue reading.
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Claims of Recklessness and Gross Negligence May Proceed Under Tennessee Governmental Tort Liability Act
Day on Torts
AUGUST 2, 2021
The Tennessee Court of Appeals has ruled plaintiffs can pursue claims based on recklessness and gross negligence under the GTLA. In Lawson v. Hawkins County, TN , No. E2020-01529-COA-R3-CV (Tenn. July 14, 2021), plaintiffs filed suit based on the death of decedent in a fatal one-car accident. internal citations omitted).
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Two-year statute of limitations did not apply where driver was cited for municipal code violation.
Day on Torts
DECEMBER 22, 2023
Where defendant received a citation for violating a Tennessee municipal ordinance in a car accident, the one-year statute of limitations applied. The trial court ruled that the two-year extension did not apply here because the code violation was civil in nature rather than criminal, and it therefore granted summary judgment to defendant.
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Summary judgment for plaintiff in conversion case affirmed.
Day on Torts
MARCH 6, 2024
The facts showed that a few months before the mother’s death, defendant had traveled to her home in Tennessee and had the mother execute a power of attorney naming defendant her attorney-in-fact. Continue reading
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Justice Fines and Fees Violate Constitution: Paper
The Crime Report
MARCH 30, 2022
The use of fines and fees to generate revenue for local justice systems constitutes a “predatory” relationship between law enforcement and citizens that violates the due process protections of the Constitution, according to a Tennessee Law Review paper. Supreme Court Rulings. As early as 1927, a Supreme Court cases, Tumey v.
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Exclusion of HCLA expert based on locality rule affirmed.
Day on Torts
OCTOBER 31, 2022
Where an HCLA plaintiff’s expert testified at his deposition that he was not very familiar with Kingsport and that he had only reviewed information about Kingsport the night before the deposition, rather than before forming his medical opinions, the trial court did not err by excluding the expert based on the locality rule.
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Plaintiff waived objection to discovery from testifying expert where objection was not made until expert deposition was in progress.
Day on Torts
MARCH 10, 2023
In an HCLA case discovery dispute, the Tennessee Court of Appeals ruled that plaintiff’s testifying experts’ “notes, drafts, and communications with counsel” were discoverable under the Tennessee Rules of Civil Procedure and that plaintiff had waived any claim that the requested items were privileged. In Starnes v.
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Vegetation management contractor had no duty to remove tree located beyond scope of contract with electrical service.
Day on Torts
SEPTEMBER 9, 2022
Plaintiff attempted to rely on additional documents referred to in the SCES manual to support a finding of duty, but the Court noted that the Manual specifically referred to these additional documents in an attempt to provide proper pruning methods, not to add to defendant’s contractual duty. internal citations omitted).
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Wrong defendants in certificate of good faith caption should have resulted in dismissal.
Day on Torts
MAY 11, 2022
April 14, 2022), plaintiff filed an HCLA claim against several defendants, including the State of Tennessee as the employer of Dr. Landry, who was allegedly negligent. 3, 2019), the Court ruled that “language in a complaint cannot substitute for a proper certificate of good faith.” In Gilbert v. State , No. In Dotson v.
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Compensatory damages equal to amount plaintiff paid for home affirmed in fraud case.
Day on Torts
DECEMBER 5, 2022
While defendant urged the Court to “follow the modern trend taken in federal courts, which no longer requires renewal of a motion for directed verdict at the close of all the proof,” the Court declined to change long-standing Tennessee law. Accordingly, the Court ruled that, pursuant to Tenn.
Summary judgment for defendants in premises liability case affirmed
Day on Torts
FEBRUARY 16, 2022
The Court noted that plaintiff’s only evidence that the cap was dangerous was the evidence of her own fall and the fall of the alleged other unnamed homeowner, and that “[n]egligence cannot be presumed by the mere happening of an injury or accident.” internal citation omitted). Click on the link to see the book’s Table of Contents.
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Conversion claim was time-barred due to plaintiffs’ constructive notice of claim.
Day on Torts
AUGUST 2, 2022
Under the modern discovery rule…, Plaintiffs were on constructive notice of their claim by October 5, 2009. Because plaintiffs had constructive notice of their claim in 2009, the Court ruled that the conversion claim should have been barred by the three-year statute of limitations.
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Previous rejection of uninsured motorist coverage remained in affect after policy renewal.
Day on Torts
JANUARY 18, 2022
The evidence showed that in 2002, an HMA representative had rejected uninsured motorist coverage in Tennessee in a signed, dated document. This representative had “executed a new written rejection for Tennessee vehicles each succeeding year through 2010.” The Court of Appeals affirmed this decision.
No certificate of good faith required for HCLA case that falls under common knowledge exception.
Day on Torts
APRIL 5, 2023
The trial court agreed that the case fell within the HCLA and dismissed the suit without prejudice due to plaintiff’s failure to provide pre-suit notice. In Mears v. Nashville Center for Rehabilitation and Healing, LLC , No. M2022-00490-COA-R3-CV (Tenn.
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Dismissal partially reversed based on fraudulent concealment.
Day on Torts
MAY 18, 2022
Taking the allegations in the complaint as true, the Court found that “a trier of fact could determine that Plaintiffs, in the exercise of reasonable care and diligence, could not have discovered this potential cause of their injury until January 2018 due to Defendants’ attempts to conceal this cause.”
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Involuntary dismissal affirmed when video showed that defendant’s car was visible when plaintiff pulled onto roadway.
Day on Torts
FEBRUARY 7, 2022
City of Algood, Tennessee , No. At the close of plaintiff’s proof, defendant moved for involuntary dismissal of plaintiff’s claims pursuant to Tennessee Rule of Civil Procedure 41.02(2), 2), which the trial court granted. 2), the trial court did not err in considering the testimony of [plaintiff’s wife].”.
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Injury case against homeowner’s association dismissed
Day on Torts
MARCH 28, 2022
The Court ruled that this response was insufficient and that the statement was thus admitted, explaining: Rule 56.03 Accordingly, the Court ruled that the fact was admitted and defendant could not “be charged with actual notice.”. internal citations and quotations omitted). Summary judgment was therefore affirmed.
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Scaffolding rental company owed no duty to roofer where homeowner opted to install scaffolding himself.
Day on Torts
SEPTEMBER 14, 2022
After discovery, DSS filed a motion for summary judgment, which the trial court granted. The trial court ruled that plaintiff had asserted a premises liability claim, and that “DSS did not owe Plaintiff a duty of care under premises liability.” Plaintiff then amended his complaint to assert claims against DSS as well.
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Dog toy poking fun at Jack Daniel’s leads to dispute over parody exception to trademark protections
SCOTUSBlog
MARCH 20, 2023
7 Tennessee Sour Mash Whiskey” manufactured by “Jack Daniel’s,” the toy refers to a “Bad Spaniel” that makes “Old No. 2 on your Tennessee carpet.” The main difference is that instead of describing “Old No. Predictably enough, Jack Daniel’s sued VIP for trademark infringement and dilution.
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TPPA Petition to Dismiss Could Not Be Filed After Plaintiff Took Voluntary Dismissal.
Day on Torts
DECEMBER 8, 2022
More than two weeks after the order of dismissal was entered, defendants filed a “combined motion to alter or amend and petition to dismiss with prejudice pursuant to the Tennessee Public Participation Act” (TPPA). voluntary dismissals in Tennessee. internal citation omitted). internal citation omitted).
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Statute of limitations extended to two years where defendant was given traffic citation after car accident.
Day on Torts
FEBRUARY 8, 2021
Where plaintiff’s personal injury claim was based on a Tennessee car accident for which defendant was given a traffic citation for failure to exercise due care under Tenn. A state trooper issued defendant a traffic citation listing three violations, including “failure to exercise due care, pursuant to Tennessee Code Annotated § 55-8-136.”
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Dismissal affirmed where HCLA pre-suit notice was sent to wrong entity.
Day on Torts
MAY 31, 2022
When that friend could not find a Tennessee lawyer to take her case before the statute of limitations ran out, he sent her a sample pre-suit notice form. Note: Chapter 45, Sections 3, 9 and 12 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Plaintiff thereafter filed this HCLA suit.
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County not immune from suit where sheriff’s deputy failed to investigate death threats.
Day on Torts
MAY 3, 2022
Perry County, Tennessee , No. The Tennessee Supreme Court “has adopted a planning-operational test to determine whether a decision is discretionary within the meaning of the GTLA,” explaining that “planning or policy-making decisions are immune from liability” while “operational decisions do not enjoy the same protection.”
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Intentional misrepresentation and medical battery claims fell within HCLA
Day on Torts
FEBRUARY 8, 2022
The trial court denied the motion to dismiss, holding that “Plaintiffs’ claims for medical battery and intentional misrepresentation were based on false statements the Defendants made to [plaintiff] before they established a doctor-patient relationship,” and the Court of Appeals affirmed this “temporal analysis” on interlocutory appeal.
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More On Powers of Attorney, Arbitration Agreements, and Wrongful Death
Day on Torts
APRIL 25, 2022
Our General Assembly has made it clear by statute…that healthcare decision-making pursuant to a power-of-attorney in Tennessee requires specific authorization by healthcare power-of-attorney. …In The Court looked to a 2017 Tennessee Supreme Court Case, Beard v. Branson , 528 S.W.3d 3d 487 (Tenn. Branson , 528 S.W.3d
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Court limits definition of “violent felony” in federal gun-possession penalty
SCOTUSBlog
JUNE 10, 2021
Borden argued that the enhancement did not apply because one of the three prior offenses that the government relied on was a conviction under Tennessee law for reckless aggravated assault. United States , the Supreme Court ruled that the residual clause is so vague that it is unconstitutional and therefore cannot be enforced.
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